Classic Readings and Cases in the Philosophy of Law PDF Download
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Author: Susan Dimock
Publisher: Routledge
ISBN: 1315509636
Category : Philosophy
Languages : en
Pages : 1398
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Book Description
With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.
Author: Susan Dimock
Publisher: Routledge
ISBN: 1315509636
Category : Philosophy
Languages : en
Pages : 1398
Get Book Here
Book Description
With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.
Author: Susan Dimock
Publisher: Prentice Hall
ISBN: 9780130881984
Category : Law
Languages : en
Pages : 434
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Book Description
Intended for upper year university students enrolled in philosophy of law courses. Classic Readings and Canadian Cases in the Philosophy of Law is designed to increase student understanding of the role of law in society, as well as historical and philosophical debates surrounding major legal issues. Dimock strikes a balance between traditional philosophical subjects (i.e. the nature of law, morality, liberty) and practical issues of immediate interest to students (i.e. corporate pollution, sexual assault, hate crimes, pornography) by combining theoretical readings with current Canadian legal cases. The readings showcase experts in each subject area-- both classical and modern, Canadian and international. Pedagogical aids are found throughout the text and include a glossary of legal and philosophical terms, an appendix of relevant sections of the Canadian Charter of Rights and Freedoms, lists of additional readings, and extensive study questions.
Author: Larry May
Publisher: John Wiley & Sons
ISBN: 1405183888
Category : Philosophy
Languages : en
Pages : 649
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Book Description
Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
Author: Shaun Young
Publisher: Routledge
ISBN: 1317983750
Category : Philosophy
Languages : en
Pages : 181
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Book Description
Previously published as a special issue of the Critical Review of Social and Political Philosophy, this collection offers a thought-provoking critique of the role of the concept of reasonableness in liberal political theory, focusing on the proposed relationship between reasonableness and the establishment and preservation of a just and stable liberal polity. The essays explore the explicit and implicit use of the idea of reasonableness, presenting an analysis that incorporates normative and empirical observations and employs a number of different analytical approaches, including liberalism, feminism, environmentalism, Marxism, and communitarianism. This unique book provides in a single volume a critique that engages not only a vast array of issues but also a diversity of critical perspectives. It not only rectifies a deficiency in the existing scholarship, but also addresses the issues of socio-political justice and stability, offering new, insightful critiques that respond to the increasingly complex circumstances and conflicts that confront life in contemporary pluralistic societies. Reasonableness in Liberal Political Philosophy will be a valuable resource for those interested in liberal political theory and its potential usefulness in helping to secure a just and stable polity.
Author: Keith Culver
Publisher: Broadview Press
ISBN: 9781551111797
Category : Law
Languages : en
Pages : 580
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Book Description
Author: Cliff Roberson
Publisher: Taylor & Francis
ISBN: 104008253X
Category : Law
Languages : en
Pages : 200
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Book Description
Increasing concerns about the accountability of criminal justice professionals at all levels has placed a heightened focus on the behavior of those who work in the system. Judges, attorneys, police, and prison employees are all under increased scrutiny from the public and the media. Ethics for Criminal Justice Professionals examines the myriad of e
Author: Anthony G. AMSTERDAM
Publisher: Harvard University Press
ISBN: 0674020200
Category : Law
Languages : en
Pages : 467
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Book Description
In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School
Author: Joanne Buckley
Publisher: Scarborough, Ont. : Thomson Nelson
ISBN: 9780176224400
Category : Language Arts & Disciplines
Languages : en
Pages : 528
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Book Description
Author: Charles Patrick Ewing
Publisher: Oxford University Press
ISBN: 019518176X
Category : Law
Languages : en
Pages : 303
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Book Description
Minds on Trial: Great Cases in Law and Psychology gives you an inside view of 20 of the highest profile legal cases of the last 50 years. The authors skillfully convey the psychological and legal drama of each case, while providing important and fresh professional insights. Mental health and legal professionals, as well as others with an interest in psychology and the law will have a hard time putting this scholarly, yet readable book down.
Author: Diane Jeske
Publisher: Broadview Press
ISBN: 1551117657
Category : Philosophy
Languages : en
Pages : 1134
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Book Description
This anthology surveys important issues in Western political philosophy from Plato to the present day. Its aim is to show both the continuity and the development of political thought over time. Each unit begins with readings on the fundamental theoretical principles underlying political discourse. Theory is then connected to practice in readings on contemporary issues as well as court cases and other political documents.
